Corporations Legislation Amendment Regulations 2011 (No. 1)1

Select Legislative Instrument 2011 No. 193

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Corporations Act 2001, the Australian Securities and Investments Commission Act 2001, the Life Insurance Act 1995 and the Superannuation Industry (Supervision) Act 1993.

Dated 19 October 2011

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

BILL SHORTEN

Minister for Financial Services and Superannuation

Contents

1Name of Regulations 

2Commencement 

3 Amendment of Corporations Regulations 2001

4 Amendment of Australian Securities and Investments Commission Regulations 2001

5 Amendment of Life Insurance Regulations 1995

6 Amendment of Superannuation Industry (Supervision) Regulations 1994

Schedule 1 Amendments of Corporations Regulations 2001

Schedule 2 Amendment of Australian Securities and Investments Commission Regulations 2001

Schedule 3 Amendment of Life Insurance Regulations 1995

Schedule 4 Amendment of Superannuation Industry (Supervision) Regulations 1994

1 Name of Regulations

  These Regulations are the Corporations Legislation Amendment Regulations 2011 (No. 1).

2 Commencement

  These Regulations commence on 31 October 2011.

3 Amendment of Corporations Regulations 2001

  Schedule 1 amends the Corporations Regulations 2001.

4 Amendment of Australian Securities and Investments Commission Regulations 2001

  Schedule 2 amends the Australian Securities and Investments Commission Regulations 2001.

5 Amendment of Life Insurance Regulations 1995

  Schedule 3 amends the Life Insurance Regulations 1995.

6 Amendment of Superannuation Industry (Supervision) Regulations 1994

  Schedule 4 amends the Superannuation Industry (Supervision) Regulations 1994.

Schedule 1 Amendments of Corporations Regulations 2001

(regulation 3)

[1] Regulation 1.0.02A

substitute

1.0.02A               Prescribed financial market

  For the definition of prescribed financial market in section 9 of the Act, the following financial markets are prescribed:

 (a) Asia Pacific Exchange Limited;

 (b) ASX Limited;

 (c) Chi-X Australia Pty Ltd;

 (d) National Stock Exchange of Australia Limited;

 (e) SIM Venture Securities Exchange Ltd.

[2] After regulation 5C.11.03

insert

5C.11.03A               How to work out the value of an interest

  If a registered scheme is quoted on 2 or more prescribed financial markets, paragraph 253F (a) of the Act is to be applied so that the value of an interest in the registered scheme is taken to be the last sale price, on the market on which the scheme is listed, on the trading day immediately before the day on which the poll is taken.

[3] Regulation 7.1.01

omit

[4] Subregulation 7.5.01 (1)

omit

 (1) In this Part:

insert

  In this Part:

[5] Subregulation 7.5.01 (1), definition of reportable transaction, subparagraph (a) (i)

after

require

insert

or permit

[6] Subregulation 7.5.01 (1), definition of reportable transaction, subparagraph (a) (ii)

after

require

insert

or permit

[7] Subregulation 7.5.01 (1), definition of reportable transaction, subparagraph (b) (ii)

after

required

insert

or permitted

[8] After subregulation 7.9.100 (7)

insert

 (8) For subparagraph 1020AB (4) (b) (ii) of the Act, and in relation to the particulars other than the particulars mentioned in paragraph (1) (d), if the operator of the licensed market mentioned in subparagraph 1020AB (1) (a) (ii) of the Act (operator 1) appoints the operator of another licensed market (operator 2), in writing, as operator 1’s agent for the purpose of receiving any of those particulars, operator 2 is the entity for those particulars.

[9] After subregulation 7.9.101 (3)

insert

 (4)              For paragraph 1020AC (3) (b) of the Act, and in relation to the particulars mentioned in paragraph 1020AC (3) (a) of the Act, if the operator of the licensed market mentioned in paragraph 1020AC (1) (a) of the Act (operator 1) appoints the operator of another licensed market (operator 2), in writing, as operator 1’s agent for the purpose of receiving any of those, operator 2 is the entity for those particulars.

[10] Part 10.14, heading

substitute

Part 10.15 Transitional provisions relating to the Corporations Amendment (Financial Market Supervision) Act 2010

[11] Regulation 10.14.01, heading

substitute

10.15.01               Application of Part 10.15

[12] Regulations 10.14.02 to 10.14.06

renumber as regulations 10.15.02 to 10.15.06

Schedule 2 Amendment of Australian Securities and Investments Commission Regulations 2001

(regulation 4)

[1] Schedule 3, Part 1

substitute

Part 1 Australian bodies corporate

Schedule 3 Amendment of Life Insurance Regulations 1995

(regulation 5)

[1] Schedule 7, items 1 to 6

substitute

Schedule 4 Amendment of Superannuation Industry (Supervision) Regulations 1994

(regulation 6)

[1] Schedule 4, items 1 to 6

substitute

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.